IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 1733 of 2019
GAUTAMBHAI DAYABHAI DIYORA
STATE OF GUJARAT
MR TULSHI R SAVANI(3070) for the PETITIONER(s) No. 1,2,3,4,5,6
for the RESPONDENT(s) No. 2,3
MR MANAN MEHTA, APP for the RESPONDENT(s) No. 1
CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 31/01/2019
1. This petition is filed seeking quashment
of an FIR being I-C.R.No.20 of 2019, registered
with Varachhal Police Station, Surat under
Sections 3(1)(r)(s) of the Atrocities Amendment
Act, 2015 and under Sections 498A, 323, 506(2)
and 114 of the Indian Penal Code, applicants are
before this Court.
2. This Court has heard learned advocate
Mr.Tulshi R. Savani with learned advocate Mr.D.P.
Kiranwala appearing for the applicants.
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3. Learned advocate for the applicants has
urged that the respondent No.6, is sister-in-law,
who was suffering from Cancer. She had been
operated and thereafter, treated with
Chemotherapy. According to him, her post
operation are treatments, are going on. He has
also urged that so far as respondents Nos. 2 and
3 are concerned, they are residing at Amreli and
have no connection with the events at Surat.
4. Issue notice only for the purpose of
exploring the possibility of amicable settlement
returnable on 12.02.2019. Learned APP waives
service of notice on behalf of the respondent-
5. Considering the ailment of petitioner
No.6, there shall be no coercive action against
the applicant No.6. She shall cooperate with the
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6. Qua applicant Nos.2 and 3,
Investigating Officer to follow the dictum laid
down by the Apex Court in the case of Joginder
Kumar vs. State of Uttar Pradesh, reported in
(1994) 4 SCC 260 as well as Social Action Forum
for Manav Adhikar and another vs. Union of India,
Ministry of law and justice and others, 2018 Vol.
10 SCC 443.
7. S.O. to 12.02.2019 in the first 25
Direct service is permitted today.
Simultaneously, the notice shall also be sent by
way of speed post.
(SONIA GOKANI, J)
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